Charged with Driving While Intoxicated in Deal NJ?
It is well known by now that New Jersey has some of the harshest driving while intoxicated consequences in the Country. In fact, the only lenient aspect about New Jersey DWI law is that they are treated as traffic offenses and not as criminal offenses. Other than that, the potential penalties, even for a first time offender can be crippling. The potential penalties include but are not limited to a lengthy license suspension, high fines, community service, imposition of the ignition interlock device as well as jail time. As you can see, these are not the type of charges that you can take lightly. To speak to one of our Monmouth County DWI defense attorneys today about your options, please contact our office directly at 732.858.6959. One of our attorneys would be glad to go over the specifics of your case and formulate a game that works best to suit your needs.
How does the Borough of Deal Handle DWI Charges?
The Borough of Deal is known as one of the more affluent towns in all of New Jersey not just Monmouth County. So it should be no secret that they are tough on crime, including driving under the influence charges. Like most other coastal communities in Monmouth County, Deal is a seasonal. According to the 2010 Census, the borough has a population of under 800. However, that number drastically increases from May through September. Also, do to its location, it sees a tremendous amount of traffic, especially on Route 71 and Route 35. With that being said, it should not be a surprise to hear that a borough which stretches under two square miles issues more than fifty (50) driving while intoxicated offenses each and every year. Anyone arrested and charged with driving while intoxicated, driving under the influence of drugs, driving under the influence of marijuana or refusal to submit a breath sample in the Borough of Deal will be forced to defend the charges in the Deal Municipal Court. But if the individual is also charged with assault by auto, possession of cocaine, eluding or leaving the scene of an accident resulting in serious bodily injury in addition to the DWI then the entire case must be transferred to the Monmouth County Superior Court in Freehold for disposition. The Deal Municipal Court is located at 190 Norwood Ave. The Honorable Scott Basen, J.M.C. is the presiding judge and Jason Shamy, Esq. is the municipal prosecutor. Court will be held on the second and fourth Tuesday at 9:00 am.
Can I Go To Jail for a DUI in NJ?
Yes, even for a first time offender, the potential for jail exists. DWI are considered enhanceable offenses. Meaning that the potential penalties for any second or subsequent offense drastically increase. A first time offender in New Jersey is facing a potential four to six month loss of license, fines nearing $500, imposition of the ignition interlock device, twelve to forty-eight hours in the Intoxicated Drivers Resource Center (IDRC) and up to thirty days in jail. For a second time offender, if the offenses occurs within ten years of the first, they are facing a one to two year loss of license, fines nearing $1,000, imposition of the ignition interlock device, forty-eight hours in the Intoxicated Drivers Resource Center (IDRC), thirty days of community service and up to ninety days in jail. For a third time offender, if the offenses occurs within ten years of the second offense, they are facing a eight year loss of license, fines nearing $1,000, imposition of the ignition interlock device and 180 days in jail. As you can see, these penalties are crippling. To make matters worse, New Jersey does not have a temporary license program. Meaning, there are no exceptions to the license suspension, even not for work related purposes.
How to Defend a DWI Charge in Deal
If you have been charged with driving while intoxicated in New Jersey it is important to understand that the traditional plea bargaining processes is strictly prohibited. In other words, you have to create legitimate defense in order to obtain any type of potentially favorable outcome. At Keith Oliver Criminal Law, we have sought out and obtained some specialized DWI defense training in order to better serve our clients. One of the firms partners is not only certified in administering the Alcotest Machine but is also a certified instructor of the Standardized Field Sobriety Tests. These are two key pieces of evidence used in almost every DWI trial in New Jersey. Here is just a brief list of some of the key areas our attorneys look to exploit when it comes to defending DUI charges in New Jersey.
- Was there probable cause for the initial stop?
- Was there reasonable articulable suspicion to place the Defendant through the Field Sobriety Tests;
- Were the instructions given properly?
- Was the officer certified to administer the tests?
- Was the Alcotest Machine running properly?
- Was the BAC reading within tolerance?
- Was proper protocol followed when administering the Alcotest Machine?
These are just a few of the areas that our seasoned Deal DWI defense lawyers look to exploit.
Do I Need a Lawyer for a Deal DWI?
If you or a loved one has unfortunately found yourself being charged with a DWI, DUI, refusal to submit a breath sample or any other offense for that matter in the Borough of Deal, we strongly urge that you contact an attorney and discuss your options. Understanding your options is key. From reading above, you can tell the potential penalties, even for a first time offender can be devastating. If you would like to schedule a free initial consultation today, then please contact our attorneys at 732.858.6959 or you can try contacting us online. As always, our initial consultations are free of costs.